By David Kline
Editor
The jury that awarded Annie Mae Ollison $3 million in a nursing home abuse case last month has done another good deed for the Sacramento woman. On Aug. 16, the jurors threw a party to celebrate Ollison's 83rd birthday.ay.
"I feel like I'm flying in the air," Ollison said. "I can't believe the blessings I've been blessed with."
Turning to jury foreman Jim Zuber, she said, "I love you all."
Ollison prevailed in court over the Homestead of Fair Oaks, a nursing home owned by the Eskaton Corp. Jurors found Homestead guilty of neglect and awarded damages for poor care that led to the amputation of both of Ollison's legs.
Although the award is expected to be reduced by half -- largely because of a state law which caps recoveries for medical malpractice -- nursing home reform advocates hailed the July 25 verdict as a groundbreaking event, marking the first time in Sacramento County that a case involving abuse in a nursing home was decided by a jury instead of being settled out of court.
Zuber said jurors threw the pizza party because they admire and respect Ollison, but he said the party should not be taken as a sign that sympathy guided their votes, as Homestead's attorney claimed after the verdict.
"We really did look at the evidence," Zuber said. "I really believe we kept the sympathy out of it."
The foreman said jurors frequently reminded each other of their duty to base decisions on the merits of the case, not their feelings about nursing homes or sympathy for the victim.
Juror Matt Smith, a 19-year-old librarian for the Department of Justice, said it was difficult, but not impossible, to keep sympathy out of the equation.
"It was hard, but I just tried to focus on the evidence," Smith said.
"During the trial, my mind was leaning more toward the doctors," Smith said. He said the initial vote was four for Ollison, four for Homestead and four undecided. After six days in the jury room, the panel unanimously sided with Ollison.
Robert Lemaster attended the party, even though his time as a juror was cut short.
One week before the end of the seven-week trial, Lemaster was involved in an auto accident on his way back to the courthouse after lunch. He was rushed to the hospital, and an alternate juror was moved into his seat.
Lemaster said he agreed with the verdict, and was excited to help Ollison celebrate her birthday.
Friends and family also joined the celebration, along with nursing home rights advocate Carole Herman of the Foundation Aiding the Elderly and Sacramento attorney Wendy York, who represented Ollison.
"Mom has always had the characteristic of drawing people in," daughter Henrietta Wright said. "Words can't express how I feel about the jurors -- they are wonderful, marvelous, beautiful people."
During the trial, Homestead attorney David Bills argued that Ollison's "very substantial medical problems," including diabetes and blood clots, were to blame for her problems.
York told the jury that nursing home negligence almost killed her client.
Ollison's problems began three years ago, when her foot was injured by a podiatrist during the removal of a corn. The injury worsened, and led to the partial amputation of the foot. She was sent to Homestead to recuperate after surgery, but instead contracted bed sores which became infected, leading to the amputation of both legs.
With the exception of two days missed due to illness, Ollison was in the courtroom throughout the trial. She said it was tough to sit through the portions where photos of her sore-ridden body were displayed, but said she wasn't disturbed by the defense attorney's statements regarding her medical problems and life expectancy.
"When people would say I've got a year or two to live, I'd say, 'God hasn't told me that yet,'" she said.
York said that while Homestead still has time to file an appeal, the birthday party can't be used as grounds for a challenge.
"They listened to the evidence," York said of the jurors, "and truth prevailed."
HOME
This page and its contents ©2002 Metropolitan News Company, Inc.
